Study On The Legal Application Of Worker's Compensation Liability And Tort Liability

In a work-related incident,there exist two kinds of reliefs.On the one hand,the laborer can request to be paid industrial injury insurance benefits based on work-related injury insurance relationship;on the other hand,the laborer also can request compensation based on tort law.As a result,the problem that we deal with the relationship between the two compensation claims comes out.In order to solve this problem,foreign countries mainly formed four kinds of processing models: the Alternative Mode,the Selective Mode,the Supplementary Mode and the Compatibility Mode.However,our country has not yet figure out a clear and systematic stipulation on the problem,and thus leads to difficulties in judicial practice.Based on the analysis of the four kinds of existing models,and based on the analysis of both the similarities and differences of the work-related injury insurance and the liability of infringement,this article aims at figuring out a reasonable processing mode.The contents of this article are set as followed:The first part introduces the basic situation of the concurrence between industrial injury insurance benefits and tort compensation.Through the analysis of the historical development of tort liability and injury insurance liability,and the differences of the two systems,this part has introduced the competition between the two.What's more,this part provides references for our country by analyzing the main foreign processing modes.The second part points out the current situation and problems in our country.In China,work-related incidents were adjusted only by industrial injury insurance in a very long period of time,so there had been no infringement damages.Along with the development of our country's legal system,the tort law began to intervene in the field of work-related incidents.At this period of time,conflicts in the application problem between the two began to appear.However,our country's relevant legislation did notcome up with a clear and effective treatment for the issue.What's more,the legal provisions were even contradictory each other.The third part constructs our domestic system in dealing with the relationship between industrial injury insurance liability and tort liability.Based on the specific comparison between injury insurance and infringement damages,it will be found that although the main purpose of both is to provide reliefs for injured workers,and with the improvement of the injury insurance standard,the differences between the two is gradually narrowing,but there are still a lots of differences,such as institutional concept,function,specific payment items and payment standards,and so on.And it's apparent that the two can not replace each other completely.Therefore,in dealing with work-related injury damages,industrial injury insurance and tort compensation should be co-exist,and complement each others' functions.Workers should have the right to use the two kinds of remedies,so as to fill work-related damages completely.The last part has discussed some critical details of the application relationship.In entity aspect,in order to provide the most timely and effective reliefs to workers,it should strengthen the first payment obligation of the industrial injury insurance agency.At the same time,after the agencies have paid workers' compensation,they should enjoy the rights to recover from the infringers,in order to punish the torts,and to achieve the balance of interests between relevant parties.Meanwhile,in the procedural aspect,the order of raising claims should not be unreasonably limited.